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1984 Supreme(Gau) 95

T.S.MISHRA
Bhawani Shankar Sharma – Appellant
Versus
On the death of Jugal Kishore Garodia his heirs and L. Rs. Smt. Laxmi Devi Garodia and others – Respondent


Advocates Appeared:
J.P. Bhattacharjee, S.N. Medhi, and A.K. Bhattacharyya, N.C. Das, D.C. Mahanta and G. Sahewalla

Judgement

This revision filed by the plaintiff arises in the following circumstances :


The plaintiff is the owner of the premises in question. The defendant was a tenant thereof at a monthly rental of Rs. 100/-, the tenancy commencing from the 15th day of every English calendar month and ending on the 14th day of the next month. The plaintiff alleged that the defendant was very irregular in payment of rent of the said premises. He also made some unauthorised constructions by enclosing the front Verandah of the said premises and by making separate room therein. The plaintiff also alleged that he bona fide required the said premises for his own use and occupation. He therefore served a notice of eviction dt. 7th Sept. 1964 on the defendant requiring him to vacate the said premises on the expiry of 14th Oct. 1964. That notice was served on the defendant on 17th Sept. 1964 but he did not comply with the same. Hence the suit for eviction was filed. The plaintiff alleged that the defendant had defaulted in making payment of rent due for the period, 15th Jan. 1964 to 14th Oct. 1964 amounting to Rs. 900/- only. The plaintiff, therefore, claimed eviction of the defendant from the said premi















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